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KROLL REALTY, INC. v. FUENTES

163 N.J. Super. 23 (1978)

394 A.2d 140

KROLL REALTY, INC., PLAINTIFF-APPELLANT, v. MR. AND MRS. GULLIERMO FUENTES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1978.

Attorney(s) appearing for the Case

Messrs. Davies, Davies and Hall, attorneys for appellant (Mr. Joseph A. Pojanowski III on the brief).

Mr. Joseph V. Kealy, Jr., attorney for respondents.

Mr. Timothy K. Madden, Director, Hudson County Legal Services Corp., amicus curiae (Mr. Gregory G. Diebold, of counsel and on the brief).

Before Judges LORA and LARNER.

PER CURIAM.

This is an appeal by plaintiff landlord from the dismissal of its complaint against defendant tenants for possession of premises rented to them. Plaintiff bottomed its action upon defendants' failure to sign a written lease proffered by plaintiff converting their month-to-month tenancy into a tenancy for one year.

The proofs established that defendants had been month-to-month tenants in plaintiff's apartment building since 1969. On January 28,...

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